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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V.
Sundaran S/o Raghavan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. allegations of drug possession by petitioner. (Para 1 , 2) |
| 2. objection to admissibility of document in evidence. (Para 3 , 4) |
| 3. arguments on document's admissibility and fabrication. (Para 5 , 6 , 7) |
| 4. court's interpretation of document admissibility norms. (Para 8 , 10 , 11 , 12 , 13) |
| 5. principles from case law regarding document production. (Para 9) |
| 6. conclusion asserting no interference with lower court's order. (Para 14) |
ORDER :
1. The petitioner herein is the 2nd accused in S.C. No.517/2022 on the file of the First Additional Sessions Court, Thrissur. In the aforesaid case, he is accused of having committed the offences punishable under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity “the Act”). The challenge in this petition is mounted against the order dated 05.04.2023 in Crl. M.P. No. 629/2023, by which the application filed by the learned Public Prosecutor to produce and mark the photocopy of a document was allowed.
2. Before delving into the merit of the order impugned, short facts which led to the passing of the order are required to be stated:
The prosecution allegation is that the petitioner was acting as t
The court affirmed that missing documents may be submitted at later stages in trials to avoid undue delays, emphasizing rights of the accused are safeguarded by allowing challenges to evidentiary val....
Documents pleaded but not produced with written statement can be introduced during cross-examination of plaintiff's witness without leave if relevant for contradiction and not foreign to pleadings, p....
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
Prosecution can produce unavailable documents post charge-sheet before evidence under Section 294 CrPC after hearing accused, without prejudice; distinguishes victim-led applications; bars review att....
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
A person summoned to produce a document under Sec. 65-B of the Evidence Act does not become a witness and cannot be cross examined unless and until called as a witness.
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